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Thursday 25 July 2024
Substance Use Disorder Treatment Clinics to Pay More than $850,000 to Resolve Allegations They Knowingly Overbilled Medicaid for Office VisitsRead the Press Release
The United States and the Commonwealth of Virginia have reached an $863,934 civil settlement with certain substance use disorder treatment clinics serving patients from Virginia to resolve allegations that these clinics submitted false and fraudulent claims to the Medicaid program. The clinics – Crossroads Treatment Center of Petersburg P.C., ARS Treatment Centers of New Jersey P.C., Crossroads Treatment Center of Greensboro P.C. and Starting Point of Virginia P.C. – are part of a chain called Crossroads, which is headquartered in Greenville, South Carolina.
The United States and the Commonwealth contended that, from 2016 through mid-2023, the clinics submitted claims to Virginia Medicaid containing code 99215, which signifies a meeting with a patient involving at least two of the following three components: a comprehensive medical history, a comprehensive medical examination, and medical decision making of high complexity. However, the clinics knew the meetings were regular check-ins during substance use disorder treatment and did not meet those criteria. Of the $863,934 civil settlement, the United States will receive $356,891 and the Commonwealth will receive $507,043.
“Providers may bill only for the services that they actually provide,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to protect the vital services provided by federal health care programs, including substance abuse disorder treatments, against those who seek to abuse them.”
“Submitting false claims to Medicaid undermines the integrity of the program and wastes valuable taxpayer dollars,” said Special Agent in Charge Tamala E. Miles with the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, HHS-OIG remains committed to investigating providers who allegedly defraud federal health care programs.”
The United States’ investigation was prompted by a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to receive a share of any recovery. The settlement agreement in this case provides for the whistleblower, Diana France, a former Director of Network Management and Contracting for Crossroads, to receive $60,671 as her share of the federal recovery. The settlement agreement also provides for the whistleblower to receive a share of the Commonwealth’s recovery. The case is captioned United States ex rel. France v. Crossroads Treatment Ctrs., No. 6:21-cv-01263 (D.S.C.).
Senior Trial Counsel Albert P. Mayer of the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Nancy G. Cote for the District of South Carolina handled the matter, with assistance from HHS-OIG and several state attorney generals’ Medicaid fraud control units.
The United States’ allegations described above were allegations only. There was no determination of liability.
SettlementStore Gift Card Fraud Leads to 3 Years in PrisonRead the Press Release
ST. LOUIS – A man who victimized a nationwide retailer by stealing tens of thousands of dollars’ worth of gift cards was sentenced Thursday to three years in prison.
U.S. District Judge Matthew T. Schelp also ordered Rashad Niles Shahid, 27, to repay $88,269 to the store.
Shahid pleaded guilty in April to one count of wire fraud and one count of aggravated identity theft. He admitted using the employee identification number of various store employees in a scheme to add value to store gift cards. He traveled to the area with others from his home in Michigan to execute the scheme. He targeted stores in Maplewood, Manchester, Florissant, and Shrewsbury, Missouri before he was arrested by the Manchester Police Department.
The U.S. Secret Service, the Manchester Police Department, the Maplewood Police Department, the Shrewsbury Police Department and the Florissant Police Department investigated the case. Assistant U.S. Attorney Jennifer Roy prosecuted the case.
Starkville man sentenced to prison for illegal possession of a firearmRead the Press Release
Greenville, MS – A Starkville man was sentenced today to more than three years in prison following his conviction for possession of a firearm by a convicted felon.
According to court documents, Nicholas Monroe, 31, pled guilty in April to a charge of possession of a firearm by a previously convicted felon. Monroe was arrested in September of 2022 after law enforcement officers responded to reports of someone firing a gun in downtown Starkville during a confrontation and encountered Monroe, who was in possession of a Glock 9mm handgun. Today, Chief U.S. District Court Judge Debra M. Brown sentenced Monroe to 41 months in prison for his illegal possession of that firearm. Upon release from prison, Monroe will serve a three-year term of supervised release. Monroe was remanded to the custody of the U.S. Marshals following sentencing.
Following the sentencing, U.S. Attorney Clay Joyner and federal law enforcement officials noted that this investigation and the sentence imposed was significant in ongoing efforts to fight violent crime. “When felons illegally possess and use guns to commit crimes or disrupt the community, we will respond,” remarked Joyner. “This office will continue to work alongside our local, state and federal law enforcement partners to hold accountable individuals who choose to illegally possess and use firearms in our District.”
“Mr. Monroe’s sentencing should serve as a warning to those bad actors who unlawfully possess firearms,” stated FBI Special Agent in Charge Robert Eikhoff. “The FBI and our law enforcement partners, through impactful programs such as Project Safe Neighborhoods, will continue to identify, investigate, and deliver justice to anyone violating federal laws designed to protect our communities.”
“In our effort to disrupt violent gun crime in our community, ATF will continue to focus efforts on prohibited individuals who unlawfully possess firearms,” said ATF New Orleans Special Agent in Charge Joshua Jackson. “The sentence imposed today sends a message to convicted felons who are prohibited from possessing firearms that we will continue to work to keep our neighborhoods safe as the top priority for ATF.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, and the Starkville Police Department. The case was prosecuted by AUSA Robert Mims.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
St. Clair Shores Doctor Sentenced to 20 Years in Prison for Causing Patient’s Drug Overdose DeathRead the Press Release
DETROIT - A St. Clair Shores doctor was sentenced to 20 years in federal prison after being convicted at trial of a patient’s overdose death that resulted from his unlawful prescribing. He was also convicted on twenty-one charges related to the unlawful distribution of Schedule II, III and IV prescription drug-controlled substances, announced United States Attorney Dawn N. Ison.
Joining Ison in the announcement was Special Agent in Charge Orville O. Greene, U.S. Drug Enforcement Administration (DEA).
Dr. Bernard Shelton, 67, was sentenced before United States District Judge Denise Page Hood in Detroit. He has not been allowed to prescribe controlled substances since 2017.
The evidence presented at trial established that Shelton ran a pill mill. He prescribed over 5.5 million doses of controlled substances between April 2013 and December 2016. Shelton prescribed over 2.7 million doses of Schedule II controlled substances such as oxycodone and hydrocodone, usually prescribing the types and strengths of drugs most valuable on the street market. When an undercover patient made an initial visit to Shelton complaining of back stiffness, Shelton did not examine the patient’s back, but instead asked, “What can I give you today” before prescribing the requested narcotics. The jury found that Shelton issued twenty-one prescriptions to seven different patients outside the usual course of professional practice and for no legitimate medical purpose so he could charge for office visits and tests. Shelton received over $1.4 million from Medicare, Medicaid, and Blue Cross/Blue Shield of Michigan during the same time period.
Shelton began prescribing opioid pain relievers in 2010 to a patient whose pain was previously treated by prescription strength Motrin. Shelton prescribed increasingly stronger controlled substances over the next six years, and the patient became addicted to the drugs. In January 2016, he prescribed an increased dosage of oxycodone to the 54-year-old patient without medical justification. The patient suffered an overdose two days later and survived. A second oxycodone overdose four days later was fatal. Shelton also contributed to the overdose deaths of two other patients.
U.S. Attorney Ison stated, “This defendant violated his oath to do no harm to his patients. He prescribed drugs without any medical justification in order to line his own pockets. His actions caused the death of at least one person and contributed to the deaths of two others. This sentence won’t bring back those patients who he harmed, but should serve as a warning to others of our resolve to aggressively prosecute physicians who choose to act as drug dealers and cause the death of patients. “
DEA Special Agent in Charge Greene stated, “This kind of reckless diversion of prescription medication has resulted in unimaginable suffering; the erosion of communities; and has paved a path to the emergence of fake prescription pills. We will continue to work tirelessly to identify those responsible for fueling opioid abuse and hold them accountable for their actions.”
The case was investigated by agents of the Drug Enforcement Administration, with assistance from the St. Clair Shores Police Department and Blue Cross Blue Shield of Michigan. The trial was prosecuted by Assistant United States Attorneys Wayne F. Pratt and Lisandra Fernandez-Silber.
Springfield, Massachusetts and Williamstown, Vermont Men Charged with Drug Trafficking ConspiracyRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that Hussein Iman, age 20, of Springfield, Massachusetts, and Joseph Cadorette, II, age 37, of Williamstown, Vermont, have been charged by criminal complaint with conspiracy to distribute and distribution of fentanyl and cocaine base. Cadorette is scheduled to have his initial appearance today in U.S. District Court for the District of Vermont at 3:30 p.m. Iman’s initial appearance in the U.S. District Court for the District of Massachusetts remains pending.
According to court records, Iman, who also goes by “Q,” oversaw a drug trafficking organization responsible for distributing fentanyl and cocaine base in Vermont from March 2024 to July 2024. Individuals from the organization sold narcotics to undercover agents on multiple occasions. During one interaction, Iman boasted to an undercover agent about the potency of his raw fentanyl, conveying that it caused individuals to instantly overdose and that Narcan did not reverse the overdoses. The organization’s drug distribution locations included Cadorette’s fourteen-acre property on Pleasant Street in Williamstown, Vermont. There, undercover agents purchased thousands of dollars of fentanyl from individuals in a camper on the property and observed a homemade shooting range.
On July 24, 2024, law enforcement executed search and arrest warrants at Cadorette’s properties in Williamstown, Vermont and Iman’s residence in Springfield, Massachusetts. Among the items law enforcement recovered were multiple guns and suspected narcotics.
The United States Attorney’s Office emphasizes that the complaint contains allegations only and that Iman and Cadorette are presumed innocent until and unless proven guilty. Each defendant faces up to 20 years’ imprisonment if convicted of the present charges. The actual sentences would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, U.S. Customs and Border Protection, Vermont State Police Drug Task Force, Massachusetts State Police, Springfield (Massachusetts) Police Department, Hampden County (Massachusetts) Sheriff’s Office and the U.S. Marshals Service.
The prosecutors are Assistant United States Attorneys Nicole Cate and Colin Owyang. Iman is represented by the Office of the Federal Public Defender. Cadorette is represented by Lisa Shelkrot, Esq.
Springfield Man Sentenced to 20 Years for Sexual Exploitation of Two Child VictimsRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for the sexual exploitation of two child victims.
Travis Tyler Isham, 32, was sentenced by U.S. District Judge M. Douglas Harpool to 20 years in federal prison without parole. The court also sentenced Isham to 10 years of supervised release following incarceration. Isham will be required to register as a sex offender upon his release from prison and will be subject to federal and state sex offender registration requirements, which may apply throughout his life.
On Dec. 13, 2023, Isham pleaded guilty to two counts of the sexual exploitation of children. Isham admitted that he used two child victims to produce child pornography. Investigators found 276 images of child pornography on Isham’s cell phone. Those images were screen shots from a video of child pornography that was also found on Isham’s phone.\
Today’s sentence includes an enhancement for obstruction of justice because Isham tried to destroy and/or dispose of the cell phone that he used to commit the crime. Law enforcement officers contacted Isham at a cell phone store, where he was attempting to trade in his cell phone. The screen on the cell phone was shattered, and it appeared that the phone was bent.
This case was prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the Greene County, Mo., Sheriff’s Department, Homeland Security Investigations, the Springfield, Mo., Police Department, and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Sex offender pleads guilty to new chargesRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Paden, 57, of Kennedy, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of child pornography following a prior conviction, which carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in June 2015, Paden was convicted on a federal charge of possession of child pornography and sentenced to serve 57 months in prison and five years’ supervised release. On August 29, 2023, the New York State Police executed a search warrant at Paden’s residence based on information from the National Center for Missing and Exploited Children (NCMEC). Several electronic devices were seized, including a thumb drive and a laptop computer. Approximately 83 images of child pornography were stored on the thumb drive and approximately 468 images on the laptop computer. Some of the images depicted prepubescent minors, and violence against children.
The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Stanley Edwards III, and the National Center for Missing and Exploited Children.
Sentencing is scheduled for November 13, 2024, at 2:00 p.m. before Judge Wolford.
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Schenectady Man Sentenced to 72 Months for Firearm and Drug OffensesRead the Press Release
ALBANY, NEW YORK – Kori E. Overton, age 50, of Schenectady, New York, was sentenced today to 72 months in prison for possessing a firearm in furtherance of a drug trafficking offense, possessing cocaine with intent to distribute it, and possessing a firearm as a convicted felon.
United States Attorney Carla B. Freedman; Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division; and New York State Police Superintendent Steven G. James made the announcement.
As part of his plea on November 20, 2023, Overton admitted that on September 15, 2020, he possessed a bag containing cocaine and a loaded Bryco Arms Model 59 9-millimeter handgun when he was pulled over by the New York State Police in Albany, for a violation of the New York State Vehicle and Traffic Law. The cocaine and firearm were found in a hidden after-market compartment built into his vehicle’s front passenger seat. Overton was prohibited from possessing the firearm and ammunition because of a 1991 felony conviction for robbery.
Senior United States District Judge Frederick J. Scullin, Jr. also imposed a 3-year term of supervised release, which will start when Overton is released from prison.
The DEA and New York State Police investigated the case. Assistant U.S. Attorney Douglas Collyer prosecuted the case.
Saratoga County Man Sentenced to 76 Months for Unlawfully Selling “Ghost Guns” and Methamphetamine DistributionRead the Press Release
ALBANY, NEW YORK – Christopher Montano, age 40, of Edinburg, New York, was sentenced today to 76 months in prison for unlawfully conspiring to deal, possess, transfer and make unregistered firearms, and for distributing methamphetamine.
The announcement was made by United States Attorney Carla B. Freedman; Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his prior guilty plea, Montano admitted that between August and October 2019, he, along with Michael Castelluccio, conspired to build and sell firearms from component parts ordered online. These firearms are commonly known as “ghost guns” because they do not have serial numbers, which makes them difficult for law enforcement to trace.
Montano admitted to conspiring to possess and transfer short-barreled rifles, which are rifles with barrels less than 16 inches long, and admitted to doing so without having filed an application with nor received approval from the Secretary of the Department of the Treasury, or paying the tax required by federal law. He also admitted to selling more than 50 grams of methamphetamine.
United States District Judge Glenn T. Suddaby also imposed a 5-year term of supervised release, which will start after Montano is released from prison. Judge Suddaby previously sentenced Castelluccio to 30 months in prison.
This case was investigated by the ATF and HSI, with assistance from the Schenectady County and Montgomery County Sheriff’s Offices. Assistant U.S. Attorney Alexander Wentworth-Ping prosecuted this case.
Salem Man Sentenced to over Five Years in Prison for Conspiracy to Traffic Counterfeit Pills Containing FentanylRead the Press Release
BOSTON – A Salem man was sentenced today in federal court in Boston for his role in a North Shore-based drug trafficking organization (DTO) that manufactured and distributed tens of thousands of counterfeit prescription pills containing narcotics.
Kion Shepherd, 33, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor IV to 70 months in prison and three years of supervised release. On April 9, 2024, Solis pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances.
Shepherd was among 23 individuals charged in October 2022 in connection with a wide-ranging conspiracy to traffic counterfeit prescription pills. The defendants were subsequently indicted along with two additional alleged co-conspirators in December 2022. According to court documents, the DTO distributed counterfeit oxycodone pills containing fentanyl and counterfeit Adderall pills containing methamphetamine, among other things, to various individuals in the Lynn area. Shepherd is the fourth defendant to be sentenced in the case.
During the investigation, Shepherd’s mothers’ home was identified as his residence as well as his stash location for controlled substances. During a search of Shepherd’s mothers residence, a backpack containing several hundred grams of fentanyl and cocaine as well as a handgun with an obliterated serial number were recovered.
Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; the Beverly, Everett, Peabody, Revere, Salem, Saugus and Swampscott Police Departments. Assistant U.S. Attorney Evan D. Panich of the Narcotics & Money Laundering Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/ocdetf.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rutland, Vermont Sex Offender Sentenced to Time Served in Drug Distribution CaseRead the Press Release
Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on July 24, 2024, Roosevelt Norris, 55, most recently of Rutland, Vermont was sentenced by United States District Judge Geoffrey Crawford to time served to be followed by a three-year term of supervised release. Norris previously pleaded guilty to one count of distributing cocaine base, also known as crack cocaine, in Rutland during the summer of 2023.
According to court records, during the summer of 2023, while he was dealing drugs from a hotel in Rutland, Norris was out of compliance with requirements that he register as a state sex offender. Norris’s prior sex offense involved the provision of cocaine to minor girls in exchange for sex. The United States advocated for a 21-month sentence consistent with the adjusted advisory sentencing range of 15 to 21 months of imprisonment provided by the United States sentencing guidelines. The Court imposed time served, or approximately 10 months of incarceration, and ordered Norris to be released to drug treatment.
United States Attorney Nikolas P. Kerest thanked the Vermont State Police’s Vermont Drug Task Force for their work in investigating Norris’s criminal conduct.
The case was prosecuted by Assistant U.S. Attorney Corrine M. Smith. Norris was represented by Michael J. Straub, Esq.
Richmond felon sentenced for drug trafficking while on probation for prior firearm convictionRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced yesterday to three years and 10 months in prison for possession with intent to distribute heroin.
According to court documents, on Sept. 23, 2021, Samuel Tarry, 27, was convicted of possession of a firearm by a convicted felon and was sentenced to five years in prison, with four years and six months suspended for a period of five years, conditioned on Tarry’s good behavior. Tarry was released from prison on Feb. 22, 2022. Because Tarry was a confirmed member of the 13th Gang, he was assigned to a specialized probation officer.
Less than a year later, detectives with the Richmond Police Department conducted a search of Tarry’s residence, which he shared with his girlfriend and their 5-year-old child. Detectives recovered several items, including a semiautomatic firearm and associated ammunition, 75 grams of heroin, and a ledger of account names, money movement, cash deposits, and credit and debit cards in the names of multiple people.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office; Rick Edwards, Chief of Richmond Police; and Colette Wallace McEachin, Commonwealth’s Attorney for the City of Richmond, made the announcement after sentencing by Senior U.S. District Judge John A. Gibney Jr.
Assistant U.S. Attorney Olivia L. Norman and Special Assistant U.S. Attorney Katherine E. Groover, an Assistant Commonwealth’s Attorney with the Richmond Commonwealth’s Attorney Office prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:24-cr-2.
Repeat Offender Sentenced to Prison for Felony Second-Degree Theft for Stealing Items from CVS in Southeast D.C.Read the Press Release
WASHINGTON – Anthony Moffett, 38, of Maryland, was sentenced in D.C. Superior Court on July 23, 2024, to 18 months in prison for felony second-degree theft stemming from events occurring on May 10, 2024. The announcement was made by U.S. Attorney Matthew M. Graves and Chief Pamela Smith, of the Metropolitan Police Department (MPD).
Moffett pleaded guilty to one count of felony second-degree theft on July 11, 2024.
According to the government’s evidence, on May 10, 2024, Moffett stole food items from a CVS. Moffett had two prior theft convictions and was therefore subject to the enhanced penalties for his theft, including a mandatory minimum sentence of one year in prison. In addition to the 18 months of prison time, Superior Court Judge Robert Richter ordered Moffett to two years of supervised release.
At sentencing the Court heard a victim impact statement from a CVS representative, who emphasized that Moffett’s repeated thefts have not only affected the store’s financial performance but have also created an environment of insecurity and demotivation among the stores’ staff members. The CVS representative added that thefts committed by repeat offenders like Moffett have caused several stores within the district to close. This not only deprives community members of access to necessities like prescriptions, but it also deprives the hardworking staff members of their jobs as more and more CVS locations close.
In announcing the sentence, U.S. Attorney Graves and Chief Smith commended the work of those investigating the case from the Metropolitan Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorney Natalie Anderson.
Registered Sex Offender from Harwich Pleads Guilty to Possessing Child PornographyRead the Press Release
BOSTON – A Harwich man pleaded guilty yesterday in federal court in Boston to possessing child sexual abuse material.
Jonathan Fleischmann, 35, pleaded guilty to one count of possession of child pornography. Fleischmann was arrested and charged on May 16, 2023 and remains in federal custody. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Oct. 16, 2024.
Fleischmann’s co-workers reported to law enforcement that, between March 17 and March 18, 2023, Fleischmann’s cellphone was observed downloading suspected child pornography media files while his phone was left open and charging on a counter at their workplace. During a subsequent search of Fleischmann’s cellphone approximately 255 image files and 55 video files that contained suspected child pornography were identified.
On May 23, 2024, Fleischmann pleaded guilty and was sentenced to 12 years in state prison for separate state charges in Barnstable Superior Court for invading a Yarmouth home and forcibly taking a 16-year-old female at gunpoint into her house as she arrived home from school in 2020. That investigation revealed that Fleishmann had accessed a dark web hidden service on his cellphone dedicated to the trafficking of child pornography.
Fleishmann is a Level 3 sex offender due to prior convictions in Barnstable District Court of Indecent Assault and Battery on a Child Under 14 in 2006 and Open and Gross Lewdness in 2017.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charge of possession of child pornography provides for a mandatory minimum sentence of 10 years and up to 20 years in prison, at least five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Precision Lens Agrees to Pay $12 Million to the United States for Kickbacks to Doctors in Violation of the False Claims ActRead the Press Release
MINNEAPOLIS – Precision Lens and the estate of its former principal, Paul Ehlen, have agreed to pay the United States $12 million to resolve a case involving kickback payments to ophthalmic surgeons in violation of the False Claims Act and the Anti-Kickback Statute.
On February 27, 2023, a federal civil jury found that Precision Lens violated the False Claims Act and the Anti-Kickback Statute by paying kickbacks to ophthalmic surgeons to induce their use of Precision Lens products in cataract surgeries reimbursed by Medicare. Precision Lens provided kickbacks to physicians in the form of travel and entertainment, including high-end ski trips, fishing, golfing, hunting, sporting, and entertainment vacations, often at exclusive destinations. For many of the trips, physicians were transported to luxury vacation destinations on private jets, including trips to New York City to see a Broadway musical, the College Football National Championship Game in Miami, Florida, and the Masters Tournament in Augusta, Georgia. Precision Lens sold frequent flyer miles to its physician customers at a significant discount, enabling the physicians to take personal and business trips at well below fair market value.
The jury found that Precision Lens’s conduct resulted in $43,694,641.71 in fraudulent claims submitted to Medicare. By operation of the statute, the court entered a $487,048,705.13 judgment against the company and its owner, which included treble damages and civil penalties under the False Claims Act. Following post-trial motions, the court reduced the judgment to $216,675,248.55. After the United States conducted a review of the defendants’ financial position and ability to satisfy the judgment, the parties entered into a settlement agreement which requires Precision Lens and the estate to immediately pay $12 million to resolve the United States’s claims.
With this resolution, the United States has collected nearly $27 million as a result of the misconduct alleged in this case. The United States previously announced a $12 million settlement of related allegations with Sightpath Medical, Inc. and TLC Vision Corporation and their former CEO, James Tiffany. Dr. Jitendra Swarup also resolved claims that he had accepted kickbacks in a settlement agreement of more than $2.9 million.
The civil settlement arises from a case brought under the qui tam or whistleblower provisions of the False Claims Act by Kipp Fesenmaier. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of a recovery. The qui tam case is captioned United States of America, et al., ex rel. Fesenmaier v. The Cameron-Ehlen Group, Inc., d/b/a Precision Lens, et al., Case No. 13-cv-3003.
The resolution obtained in this case was the result of a coordinated effort between the U.S. Attorney’s Office for the District of Minnesota, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Bahram Samie and Andrew Tweeten represented the government at trial and settlement.
Philadelphia Airline Employee Pleads Guilty to Evading Airport SecurityRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Lester Santana III, 34, of Philadelphia, PA, pleaded guilty today before United States District Judge Juan R. Sánchez to one count of evading security requirements at Philadelphia International Airport.
During the plea hearing, the defendant admitted that, while he was employed as an airline employee, he repeatedly used his employee credentials to enter the secure area of the airport with large amounts of U.S. currency to evade the required screening and inspection of his person and property by Transportation Security Administration personnel.
The defendant faces a maximum possible sentence of 10 years in prison, three years of supervised release, a $250,000 fine, and a $100 special assessment.
The case is being investigated by the United States Postal Inspection Service, the Federal Bureau of Investigation, the Federal Air Marshal Service, the U.S. Postal Service’s Office of Inspector General, the New Jersey State Police’s Strategic Investigations Unit, and the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorney Vineet Gauri of the U.S. Attorney’s Office for the Eastern District of Pennsylvania, with assistance from Assistant United States Attorney Patrick C. Askin of the U.S. Attorney’s Office for the District of New Jersey.
Pennsylvania Man Sentenced to 30 Years in Prison for Sexual Exploitation of a ChildRead the Press Release
BOSTON – A Pennsylvania man was sentenced yesterday in federal court in Springfield for a child sexual exploitation offense.
David Tweed, 46, of Kulpmont, Penn., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 30 years in prison and a lifetime of a supervised release. In August of 2022, Tweed was arrested on one count of sexual exploitation of a child and was detained following an initial appearance in the Middle District of Pennsylvania.
“David Tweed’s conduct was horrific and deserving of the severe sentence that the Court imposed. Mr. Tweed sought out, groomed and then repeatedly sexually abused and exploited this very young and vulnerable girl. His criminal and depraved behavior has finally been stopped and his victim is finally free of his abuse. I applaud the victim’s bravery and the support and dedication of her family to see this case through,” said Acting United States Attorney Joshua S. Levy. “The United States Attorney’s Office with our law enforcement partners will continue to investigate, prosecute and hold predators like Mr. Tweed accountable.”
“David Tweed preyed on a child, first exploiting her online and later abusing her in person. This is a horrific example of how online threats become real danger,” said Special Agent in Charge Michael J. Krol for Homeland Security Investigations in New England. “HSI is working around the clock to keep kids safe online by bringing predators like Tweed to justice.”
On various dates between September 2021 and December 2021, Tweed sexually exploited a 12 to 13 year old girl that he met online. During this time, Tweed repeatedly persuaded the victim to send sexual pictures and video of herself and to perform lewd acts on video calls.
On more than one occasion, Tweed drove from Pennsylvania to places in New England where he met with and sexually assaulted the victim.
Acting U.S. Attorney Levy and HSI SAC Krol made the announcement. Significant assistance was provided by the Hampden County Sheriff’s Office and Monson Police Department. Assistant U.S. Attorney Catherine G. Curley of Springfield Branch Office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Pearl River Man Sentenced to 10 Years in Prison for Incest on the Choctaw Indian ReservationRead the Press Release
Jackson, MS – A Pearl River man was sentenced to 10 years in federal prison for incest on the Choctaw Indian Reservation.
According to court documents, Ronnie Reed, Sr., 52, had a sexual relationship with a family member in the Pearl River Community of the Choctaw Indian Reservation. Reed was indicted by a federal grand jury in October 2023, and pleaded guilty to the charge in April 2024.
U.S. Attorney Todd Gee and Special Agent in Charge Robert Eikhoff of the Federal Bureau of Investigation made the announcement.
The case was investigated by the Choctaw Police Department and the Federal Bureau of Investigation.
Assistant U.S. Attorneys Kevin J. Payne and Brian K. Burns prosecuted the case.
Parkersburg Man Sentenced to Prison for Tax EvasionRead the Press Release
CHARLESTON, W.Va. – Brian E. Drake, 56, of Parkersburg, was sentenced today to two years in prison, to be followed by three years of supervised release, and ordered to pay $2,036,141.59 in restitution for tax evasion. Drake admitted to evading payroll and corporate income taxes while the owner and operator of River City Chem Dry (RCCD).
According to court documents and statements made in court, from at least 2008 and continuing through 2021, Drake owned and operated RCCD, which provided general building and specialty contracting services throughout West Virginia. Drake admitted that as an employer, he had a legal responsibility to collect and pay over to the IRS payroll taxes withheld from his employees’ wages and complete and file IRS Form 941. Drake further admitted that he knew that after he reorganized RCCD as a C corporation in 2012, he was required to pay corporate income taxes on earned income and complete and file IRS Form 1120 on behalf of RCCD every year.
Beginning no later than 2005, Drake amassed a significant tax debt due to unpaid personal income taxes. Drake admitted that while his tax problems began as personal in nature, they later extended to RCCD. Drake’s tax delinquencies grew exponentially from 2005 through 2016, despite IRS attempts to collect his outstanding balances and work with him to help him attain compliance.
Drake admitted that he willfully evaded payment of $299,765 in payroll taxes, including federal taxes and the employer-due portion of Social Security and Medicare, for reported wages paid to RCCD employees from at least 2016 through 2019. Drake further admitted that he evaded the assessment of $347,054.87 in payroll taxes by routinely paying RCCD employees substantially in cash from at least 2017 and continuing through 2021. Employees would receive paychecks reflecting a portion of their hourly wages and withheld taxes each payday along with envelopes containing cash for the hours they worked for which no federal taxes were withheld or paid over to the IRS.
Drake also admitted that he failed to report money earned by RCCD for tax year 2016 and continuing through tax year 2021. Drake further admitted that he did not file corporate income tax returns for RCCD for tax years 2019, 2020, and 2021 to evade payment of corporate income taxes.
The $2,036,141.59 in court-ordered restitution reflects Drake’s unpaid taxes, interest, and penalties.
“The defendant has a long and repeated history of failing to pay personal and business taxes that has persisted from 2005 until now,” said United States Attorney Will Thompson. “The transferring of assets and attempts to conceal income show that his actions were not a series of neglectful mistakes, but willful, intentional, and deliberate conduct. I commend the Internal Revenue Service (IRS) for their investigative work in this case.”
"This is precisely the type of conduct IRS Criminal Investigation and our law enforcement partners are committed to deterring," said Kareem Carter, Executive Special Agent in Charge of the Internal Revenue Service - Criminal Investigation (CI), Washington, D.C. Field Office. Today’s sentencing sends a clear message that we are committed to protecting the integrity of our tax system and holding those accountable who deliberately circumvent Unites States tax laws."
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Erik S. Goes and Ryan Blackwell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-192.
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Oswego County Man Sentenced to 15 Years for Receiving, Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Austin Tennant, age 29, of Phoenix, New York, was sentenced today to 180 months (15 years) in federal prison for distributing, receiving, and possessing child pornography. Tennant was previously convicted following a four-day trial in February 2024.
The announcement was made by United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The evidence at trial established that, between September of 2022 and January of 2023, Tennant obtained from the Internet, and directly from child victims, hundreds of videos and thousands of images of child pornography. The evidence further established that Tennant later redistributed that same child pornography to others, including to other children in an effort to induce them to provide him with sexually explicit images and videos of themselves.
In addition to imposing a 15-year term of imprisonment, Chief United States District Judge Benda K. Sannes also sentenced Tennant to serve a 15-year term of supervised upon his release from prison at which time Tennant will also be required to register as a sex offender.
The case was investigated by HSI Syracuse with assistance from the Oswego County Sheriff’s Office. Assistant U.S. Attorney Adrian LaRochelle and Special Assistant U.S. Attorney Paul Tuck prosecuted the case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
North Korean Government Hacker Charged for Involvement in Ransomware Attacks Targeting U.S. Hospitals and Health Care ProvidersRead the Press Release
Note: View the indictment here and view cryptocurrency seizure affidavit here.
A grand jury in Kansas City, Kansas, returned an indictment on Wednesday charging North Korean national Rim Jong Hyok for his involvement in a conspiracy to hack and extort U.S. hospitals and other health care providers, launder the ransom proceeds, and then use these proceeds to fund additional computer intrusions into defense, technology, and government entities worldwide. Their ransomware attacks prevented victim health care providers from providing full and timely care to patients.
“Two years ago, the Justice Department disrupted the North Korean group using Maui ransomware to hold hostage U.S. hospitals and health care providers,” said Deputy Attorney General Lisa Monaco. “Today’s criminal charges against one of those alleged North Korean operatives demonstrates that we will be relentless against malicious cyber actors targeting our critical infrastructure. This latest action, in collaboration with our partners in the U.S. and overseas, makes clear that we will continue to deploy all the tools at our disposal to disrupt ransomware attacks, hold those responsible to account, and place victims first.”
“Rim Jong Hyok and his co-conspirators deployed ransomware to extort U.S. hospitals and health care companies, then laundered the proceeds to help fund North Korea’s illicit activities,” said Deputy Director Paul Abbate of the FBI. “These unacceptable and unlawful actions placed innocent lives at risk. The FBI and our partners will leverage every tool available to neutralize criminal actors and protect American citizens.”
“North Korean hackers developed custom tools to target and extort U.S. health care providers and used their ill-gotten gains to fund a spree of hacks into government, technology, and defense entities worldwide, all while laundering money through China,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The indictment, seizures, and other actions announced today demonstrate the Department’s resolve to hold these malicious actors accountable, impose costs on the North Korean cyber program, and help innocent network owners recover their losses and defend themselves.”
“Today’s indictment underscores our commitment to protecting critical infrastructure from malicious actors and the countries that sponsor them,” said U.S. Attorney Kate E. Brubacher for the District of Kansas. “Rim Jong Hyok and those in his trade put people’s lives in jeopardy. They imperil timely, effective treatment for patients and cost hospitals billions of dollars a year. The Justice Department will continue to disrupt nation-state actors and ensure that American systems are protected in the District of Kansas and across our nation.”
“The Air Force Office of Special Investigations (OSI) will continue to work alongside our law enforcement partners to root out malicious actors who seek to degrade the Department of the Air Force’s ability to protect the nation,” said Brigadier General Amy S. Bumgarner, OSI Commander. “Multiple OSI units, including one of our newly established National Security Detachments, which were established to provide counterintelligence, law enforcement and analytical support to protect technology at the earliest stages of advanced research and development, provided support to this investigation.”
“While North Korea uses these types of cybercrimes to circumvent international sanctions and fund its political and military ambitions, the impact of these wanton acts have a direct impact on the citizens of Kansas,” said Special Agent in Charge Stephen A. Cyrus of the FBI Kansas City Field Office. “These actions keep our families from getting the health care they need, slowing the response of our first responders, endangering our critical infrastructure and, ultimately, costing Kansans through ransoms paid, lost productivity, and money spent to rebuild our networks following cyber attacks. Today’s charges prove these cyber actors cannot act with impunity and that malicious actions against the citizens of Kansas and the rest of the United States have severe consequences.”
“The indictment of individuals responsible for breaching U.S. government systems, regardless of their location, demonstrates the dedication of the National Aeronautics and Space Administration Office of Inspector General (NASA-OIG), the Justice Department, and our law enforcement partners to relentlessly investigate, prosecute, and hold accountable those who believe they can operate in the shadows,” said Assistant Inspector General for Investigations Robert Steinau of NASA-OIG.
According to court documents, Rim and his co-conspirators worked for North Korea’s Reconnaissance General Bureau, a military intelligence agency, and are known to the private sector as “Andariel,” “Onyx Sleet,” and “APT45.” Rim and his co-conspirators laundered ransom payments through China-based facilitators and used these proceeds to purchase internet infrastructure, which the co-conspirators then used to hack and exfiltrate sensitive defense and technology information from entities across the globe. Victims of this further hacking include two U.S. Air Force bases, NASA-OIG, and entities located in Taiwan, South Korea, and China. Related Andariel activity has been the subject of private sector reporting, and a cybersecurity advisory with updated technical indicators of compromise was published by the FBI, the National Security Agency, U.S. Cyber Command’s Cyber National Mission Force, the Department of the Treasury, the Department of Defense’s Cyber Crime Center, the Cybersecurity and Infrastructure Security Administration, and South Korean and United Kingdom partners today.
The Justice Department and the FBI are also announcing the interdiction of approximately $114,000 in virtual currency proceeds of ransomware attacks and related money laundering transactions, as well as the seizure of online accounts used by co-conspirators to carry out their malicious cyber activity. The FBI previously seized approximately $500,000 in virtual currency proceeds of ransomware attacks and related money laundering transactions. In addition to these actions, the Department of State announced today a reward offer of up to $10 million for information leading to the location or identification of Rim. The State Department’s Rewards for Justice program has a standing reward offer for information leading to the identification or location of any person who, while acting at the direction or under the control of a foreign government, engages in certain malicious cyber activities against U.S. critical infrastructure in violation of the Computer Fraud and Abuse Act.
Private sector partners are also taking other voluntary actions to limit the spread of Andariel-created malware. In partnership with the Department, Microsoft developed and implemented technical measures to block Andariel actors from accessing victims’ computer networks. Additionally, Mandiant is publishing research today that highlights its unique insights into Andariel’s tactics, techniques, and procedures. These actions by Microsoft and Mandiant were a significant part of the overall effort to secure networks, and they will help cybersecurity practitioners prevent, identify, and mitigate attacks from Andariel actors.
Maui Ransomware and Money Laundering
As alleged in the indictment, Rim worked for North Korea’s Reconnaissance General Bureau (RGB), a military intelligence agency, and participated in the conspiracy to target and hack computer networks of U.S. hospitals and other health care providers, encrypt their electronic files, extort a ransom payment from them, launder those payments, and use the laundered proceeds to hack targets of interest to the North Korean regime.
The Andariel actors used custom malware, developed by the RGB, known as “Maui.” After running the maui.exe program to encrypt a ransomware victim’s computer network, the North Korean co-conspirators would extort the organization by leaving a note with a cryptocurrency address for a ransom payment.
The Andariel actors received ransom payments in a virtual currency and then laundered the payments with the assistance of Hong Kong-based facilitators. In at least one case, these Hong Kong facilitators converted ransom funds from cryptocurrency to Chinese yuan. The yuan was then accessed from an ATM in China in the immediate vicinity of the Sino-Korean Friendship Bridge, which connects Dandong, China, and Sinuiju, North Korea.
Exfiltration of Sensitive Data from Companies and Government Agencies
Rim and his co-conspirators used ransom proceeds to lease virtual private servers that were used to launch attacks against defense, technology, and other organizations, and to steal information from them. Victims of this further hacking included U.S. defense contractors, two U.S. Air Force bases, NASA-OIG, South Korean and Taiwanese defense contractors, and a Chinese energy company. The Andariel actors obtained initial access to victims’ networks by exploiting known vulnerabilities that had not been patched by the victims, including the widespread Log4Shell vulnerability. (Additional tactics, techniques, and procedures are available in the joint cybersecurity advisory released today.) The Andariel actors stole terabytes of information, including unclassified U.S. government employee information, old technical information related to military aircraft, intellectual property, and limited technical information pertaining to maritime and uranium processing projects.
Assistant U.S. Attorneys Ryan Huschka and Chris Oakley for the District of Kansas and Trial Attorneys Neeraj Gupta and George Brown of the National Security Division’s National Security Cyber Section are prosecuting the case.
The FBI continues to investigate Andariel’s hacking and money laundering activities. The Air Force Office of Special Investigations, the Department of Defense Cyber Crime Center, and NASA-OIG provided valuable assistance.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
View previous joint cybersecurity advisories from CISA here.
View previous joint cybersecurity advisories from Department of Defense here.
View previous cryptocurrency seizure announcement here.
New Haven Gang Member Involved in Several Shootings Sentenced to 14 Years in Federal PrisonRead the Press Release
DEVIN SUGGS, also known as “JB,” 20, of New Haven, was sentenced today by U.S. District Judge Victor A. Bolden in New Haven to 168 months of imprisonment, followed by three years of supervised release, for his involvement in a violent New Haven street gang and several gang-related shootings.
Today’s announcement was made by Vanessa Roberts Avery, United States Attorney for the District of Connecticut; John P. Doyle, Jr., State’s Attorney for the New Haven Judicial District; James Ferguson, Special Agent in Charge, ATF Boston Field Division; Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration for New England; and New Haven Police Chief Karl Jacobson.
According to court documents and statements made in court, in an effort to address violence in New Haven, the ATF, FBI, DEA and New Haven Police Department, working closely with the U.S. Attorney’s Office and New Haven State’s Attorney’s Office, have been investigating an ongoing gang war between members and associates of the Exit 8 street gang and rival gangs in the Hill section and other areas of the city. The Exit 8 gang is named after the geographic area accessed by exiting Interstate 91 at Exit 8 in New Haven. Recently, younger members of Exit 8 are identifying themselves with the word “Honcho,” which is derived from the street name of an Exit 8 member who was murdered on Quinnipiac Avenue in February 2020.
The investigation revealed that Suggs and other members of the Exit 8 gang engaged in drug trafficking, used and shared firearms, and, since June 2018, have committed at least three murders and 16 attempted murders. Exit 8 members and associates also stole vehicles, at times from outside of the state, and used those stolen vehicles when committing acts of violence. Gang members also promoted, coordinated, facilitated, and celebrated their narcotics distribution and acts of violence through text messaging and the use of social media applications and websites including Facebook, Instagram, Snapchat and YouTube.
On February 20, 2024, Suggs pleaded guilty to conspiracy to engage in a pattern of racketeering activity, and specifically admitted that he took part in five shootings between April 2021 and January 2023. As a result of these shootings, on April 27, 2021, a rival gang member was shot in the leg; on May 14, 2021, a rival gang member was shot in the leg and torso; and on May 20, 2021, one victim was shot in the back and another victim was shot in the leg. On January 20, 2023, Suggs and other Exit 8 members stole an SUV in Scarsdale, New York, and, later that day, he and Exit 8 member Nyzaire Barnes committed a drive-by shooting of a rival gang member in New Haven. The victim was shot in the head, but survived the attack.
Suggs has been detained since August 3, 2023.
Barnes, also known as “Melo,” pleaded guilty and, on June 20, 2024, was sentenced to 125 months of imprisonment.
This investigation is being conducted by ATF, the FBI, the DEA, the New Haven Police Department, the Hamden Police Department, and the New Haven State’s Attorney’s Office, with the assistance of the Connecticut State Police and the Connecticut Forensic Science Laboratory. The case is being prosecuted by Assistant U.S. Attorneys Tara E. Levens, Rahul Kale and Jocelyn C. Kaoutzanis.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN), Project Longevity and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Missouri Man Caught with Methamphetamine and Child Pornography Sentenced to 140 Months in PrisonRead the Press Release
ST. LOUIS – U.S. District Judge Matthew T. Schelp on Thursday sentenced a St. Charles County man caught with child pornography and methamphetamine to 140 months in prison.
The case began when the National Center for Missing and Exploited Children received a tip that someone had been sharing child sex abuse material via a Kik Messenger account. A detective with the St. Charles County Cyber Crimes Task Force traced the account to Roman Van Stone’s home in O’Fallon, Missouri. A court approved search of the home revealed two handguns and an AR-15 rifle and bags containing a total of 68.5 grams of meth. He also had child pornography on his iPhone.
Van Stone, now 52, pleaded guilty in April to one count of receipt of child pornography and one count of possession with the intent to distribute methamphetamine.
The FBI and the St. Louis County Police Department Special Investigations Unit investigated the case. Assistant U.S. Attorney Nathan Chapman prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mexican National Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eduardo Lopez-Zamora, age 34, of Mexico, was indicted by a federal grand jury for illegal reentry into the United States by a previously deported alien.
According to United States Attorney Gerard M. Karam, the indictment alleges that Lopez-Zamora was previously removed from the United States on December 9, 2022, after pleading guilty to charges of illegal reentry in the United States District Court for the District of Arizona. It is alleged that he was subsequently found in the United States without having first obtained legal permission to reenter the country.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Michael Scalera is prosecuting the case.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Merrillville Man Sentenced to 92 Months in PrisonRead the Press Release
HAMMOND- Eric Crosslin, 37 years old, of Merrillville, Indiana, was sentenced by United States District Court Judge Philip P. Simon after pleading guilty to one count of distribution of cocaine, announced United States Attorney Clifford D. Johnson.
Crosslin was sentenced to 92 months in prison followed by 3 years of supervised release.
According to documents in the case, Crosslin sold cocaine on six separate occasions in September and October 2020. A search of Crosslin’s properties in Merrillville and Gary resulted in the recovery of firearms, cash, and cocaine. Crosslin’s criminal history revealed he has prior felony convictions for voluntary manslaughter, intimidation while drawing/using a deadly weapon, and being a convicted felon in possession of a firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives Indiana High Intensity Drug Trafficking Task Force and the Gary Police Department. This case was prosecuted by Assistant United States Attorney Caitlin M. Padula.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Maryland man pleads guilty to illegally purchasing firearms in VirginiaRead the Press Release
ALEXANDRIA, Va. – A Maryland man pled guilty today to making false statements to federal firearms licensees (FFLs) while purchasing firearms in Virginia.
According to court documents, between Aug. 30, 2021, and Nov. 10, 2022, Jalen Jabrielle Sweet, 24, resided in College Park, Maryland. During that time, Sweet purchased 20 firearms from FFLs in Virginia. For each of these firearm purchases, Sweet completed an ATF Form 4473, as required by federal law. In total, Sweet completed a total of 15 ATF Form 4473s, and on each of the forms Sweet listed his current address as an apartment in Woodbridge, Virginia. The Woodbridge address Sweet used on the forms was his father’s address, where Sweet only stayed periodically.
Sweet signed and dated each form by hand, certifying that his answers were “true, correct, and complete” and acknowledged that “making any false… written statement or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law[.]”
One of the firearms Sweet purchased using the false address was a Glock 43x pistol, purchased from Trojan Arms & Tactical Inc., at the Dulles Expo in Chantilly, Virginia, on Jan. 2, 2022. That firearm was recovered by law enforcement in Prince George’s County, Maryland, in the possession of another individual on Feb. 9, 2023.
Sweet is scheduled to be sentenced on Oct. 9. He faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division, made the announcement after Senior U.S. District Judge Anthony J. Trenga accepted the plea.
Assistant U.S. Attorney Ronald L. Walutes Jr. is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:24-cr-36.
Mankato Felon Pleaded Guilty to Illegal Firearm Possession After Shooting at Police Officers During a Home InvasionRead the Press Release
MINNEAPOLIS – A Mankato man has pleaded guilty to possession of a firearm as a felon after firing at police officers during a violent home invasion, announced United States Attorney Andrew M. Luger.
According to court documents, on January 14, 2024, a woman called 911 to report that a man had broken into her apartment in south Minneapolis. The woman and her two children fled the apartment after the man, identified as Kamau Evans, 32, shattered a window and entered the woman’s bedroom. Evans then went to a second residence in north Minneapolis and broke into the home by shattering a sliding glass door. Once inside, Evans assaulted several of the residents.
According to court documents, officers of the Minneapolis Police Department arrived at the residence and were able to pull one of the victims out of the house to safety. Officers entered the home behind a ballistic shield and as they were walking upstairs, Evans appeared in the stairwell and fired a shot down the stairs in direction of the officers. Evans then leaped out of a bathroom window and tried to escape through the backyard but was apprehended and arrested. Officers recovered an SCCY model CPX-1 9mm semiautomatic pistol on the side of the garage where Evans was apprehended.
Because Evans has prior felony convictions, he is prohibited under federal law from possessing firearms or ammunition at any time.
Evans pleaded guilty yesterday in U.S. District Court before Chief Judge Patrick J. Schiltz to one count of possession of a firearm as an armed career criminal. A sentencing hearing will be scheduled at a later time.This case is the result of an investigation conducted by the FBI and the Minneapolis Police Department.
Assistant U.S. Attorneys Kristian Weir and Thomas Calhoun-Lopez and are prosecuting the case.
Man Sentenced for Forcing Three Women to Travel to San Diego for Prostitution; Lifeguard Makes Different Kind of RescueRead the Press Release
NEWS RELEASE SUMMARY – July 25, 2024
SAN DIEGO – David Warren of Las Vegas was sentenced in federal court today to 10 years in prison for coercing three women to engage in prostitution and transporting them from Las Vegas to San Diego for that purpose.
Authorities found the women after one victim approached a San Diego lifeguard to ask for help on September 12, 2023, at Mission Beach. The victim said she was trafficked from Las Vegas and wanted help. The lifeguard immediately notified San Diego Police. The San Diego Human Trafficking Task Force quickly located and recovered the other two victims at a local hotel and arrested Warren.
According to his plea agreement, Warren preyed on and trafficked the victims—one of whom was homeless and vulnerable to substance abuse--through violence, threats of violence, and emotional abuse. Once Warren and the women were in San Diego, he took the victims to various beaches to solicit customers.
“Profiteers exploit victims of human trafficking anywhere they think they can take advantage, even on the beach in daylight,” said U.S. Attorney Tara McGrath. “This brave woman saved herself and others by trusting a San Diego lifeguard who immediately jumped into action.”
“The DOJ-led San Diego Human Trafficking Task Force is laser-focused on holding human traffickers accountable in San Diego County,” said California Attorney General Rob Bonta. “We must work together across every level of government and society to help bring human trafficking to an end. No one agency can do it all alone. I am grateful to our local, state and federal partners for holding traffickers accountable and creating a real, lasting impact on survivors.”
“This circumstance was not the typical rescue our lifeguards perform,” said Marine Safety Captain Maureen Hodges. “However, we were glad to be of service and keep this victim safe while notifying San Diego Police that she needed assistance.”
“The San Diego Police Department is a proud member of the San Diego Human Trafficking Task Force (SDHTTF),” said Chief Scott Wahl. “The suspect in this case used violence and manipulation to control his victims. Thankfully, due to the quick action of the SDPD and SDHTTF, Warren was arrested and all three victims in the case were rescued. SDPD remains committed to utilizing every resource to rescue victims of human trafficking, while holding their traffickers accountable.”
If you are living or working under threat of violence or extortion, or you suspect someone else may be, call the National Human Trafficking Resource Center toll free, 24/7 Hotline: CALL: (888) 373-7888 or TEXT BeFree or 233733.
This case was prosecuted by Assistant U.S. Attorneys Derek Ko and Lyndzie M. Carter.
DEFENDANT Case Number 23-cr-2102-JLS
David Warren Age: 37 Las Vegas, NV
SUMMARY OF CHARGES
Transportation for Purpose of Prostitution – Title 18, U.S.C., Section 2421(a)
Maximum penalty: Ten years in prison and $250,000 fine
Coercion and Enticement – Title 18, U.S.C., Section 2422(a)
Maximum penalty: Twenty years in prison and $250,000 fine
INVESTIGATING AGENCIES
Homeland Security Investigations
San Diego Police Department
San Diego Human Trafficking Task Force
City of San Diego, Fire-Rescue Department, Lifeguard Services Division
Man Pleads Guilty to Making Threats to Arizona Election OfficeRead the Press Release
An Alabama man pleaded guilty today to sending threatening messages to election workers with Maricopa County Elections in Phoenix.
“The functioning of our democracy requires that our country’s public servants be able to do their jobs without fearing for their lives,” said Attorney General Merrick B. Garland. “We have no tolerance for this kind of heinous criminal conduct and the danger it poses to people’s safety and to our democratic process. Threats and acts of violence targeting those who serve the public will be met with the full force of the United States Justice Department.”
“Violent threats to election workers are threats to our democracy and democratic process. We cannot allow threats of violence against public servants to become normalized,” said FBI Director Christopher Wray. “The FBI takes seriously all threats of violence against public officials and will continue to pursue threats and acts of violence aimed at election workers.
“Brian Ogstad repeatedly threatened to kill Maricopa County election workers and officials,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As today’s guilty plea demonstrates, the Department is committed to holding accountable those who target election workers and officials with threats of violence. I am especially grateful to the Election Threats Task Force, which continues to spearhead the Department’s efforts to ensure that public servants who administer our elections can do their jobs free from threats and intimidation.”
“This guilty plea should send a message to anyone who tries to take the rule of law into their own hands through vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “But it also showcases the resilience of public servants. Thanks to the election professionals in Maricopa County who have worked courageously to maintain free and fair elections in spite of the threats received.”
According to court documents, on Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through Aug. 4, 2022, Brian Jerry Ogstad, 60, of Cullman, sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad stated, (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught! They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also stated, “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”
Ogstad pleaded guilty to one count of making a threatening interstate communication. He is scheduled to be sentenced on Oct. 21 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers—whether elected, appointed, or volunteer—are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. The task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
The task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Madison Woman Sentenced to 4 ½ Years for Fentanyl TraffickingRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that a Madison woman has been sentenced to federal prison in connection with fentanyl trafficking.
Alexis K. Davis, 28, Madison, Wisconsin, was sentenced today by Chief U.S. District Judge James D. Peterson to 4 ½ years in federal prison for conspiring to distribute and to possess with intent to distribute fentanyl. The prison term will be followed by four years of supervised release. Davis pled guilty to this charge on April 4, 2024.
On January 26, 2023, law enforcement intercepted two suspicious packages being shipped to the Madison area from Arizona. After obtaining a search warrant, officers opened the packages and inside each, found a stuffed animal containing approximately 2.2 kilograms of counterfeit prescription pills. In total, more than 40,000 pills were seized. Testing found that the pills contained fentanyl. Officers arranged for a controlled delivery of one package and Davis and co-defendant Jontell C. Shepherd were arrested after arriving at the delivery location to pick up the package.
The government’s investigation revealed that co-defendant Brianna M. Reno arranged for co-defendant Keyshawna D. Draper to ship the fentanyl pills to Madison from Arizona. Davis provided Reno with $10,000 to purchase some of the pills. On January 25, 2023, Draper travelled from Atlanta to Phoenix where she packaged the pills and mailed them to Reno and Davis in Madison.
At sentencing, Judge Peterson reflected on the serious harm that fentanyl causes the community. He also found it concerning that Davis chose to make money by exploiting the addictions of others.
Davis is the final defendant charged in this trafficking scheme to be sentenced. On July 10, 2024, Reno was sentenced to seven years in federal prison. On July 23, 2024, Draper was sentenced to two and a half years in prison and Shepherd was sentenced to over three and a half years in prison.
The charges against Reno, Shepherd, Davis, and Draper were the result of an investigation conducted by the Drug Enforcement Administration, United States Postal Inspection Service, and the Wisconsin Department of Justice Division of Criminal Investigation. The investigation was conducted and funded by the Organized Crime Drug Enforcement Task Force (OCDETF), a multi-agency task force that coordinates long-term narcotics trafficking investigations. Assistant U.S. Attorney William M. Levins prosecuted this case.
Kanawha County Woman Sentenced to Prison for COVID-19 Relief Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Lydia Spencer, 33, of South Charleston, was sentenced today to four months in prison, to be followed by three years of supervised release, and ordered to pay $36,814.13 in restitution for conspiracy to commit bank fraud. Spencer admitted to participating in a scheme to defraud the Paycheck Protection Program (PPP) of $31,250 in COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
According to court documents and statements made in court, Spencer was the sole proprietor of Les Prints, a custom clothing business that had its principal office in Charleston. Spencer admitted to conspiring with at least three other individuals in April 2021 to obtain fraudulent PPP loans for her business. The PPP offered forgivable loans to small businesses for job retention and certain other expenses, as part of the emergency financial assistance provided by the CARES Act to Americans suffering from the economic effects caused by the COVID-19 pandemic.
One of the co-conspirators recruited Spencer to participate in the scheme that spring, and Spencer provided her personal and bank account information to this individual. On April 8, 2021, another of the co-conspirators used Spencer’s information to submit fraudulent PPP loan applications on behalf of Les Prints to two different lenders. Each lender approved a PPP loan for Les Prints. Spencer received a $15,625 transfer disbursed by one of the lenders on April 30, 2021, and a $15,625 transfer disbursed by the other lender on June 17, 2021. Both transfers were deposited in Spencer’s personal bank account with an Oklahoma-based bank.
Spencer admitted that the PPP loan applications contained materially false information. Businesses applying for PPP loans were required to provide documentation showing their prior gross income from either 2019 or 2020. Spencer admitted that the loan applications falsely stated that Les Prints had received $75,000 in gross income in 2020, and included a fraudulent Internal Revenue Service (IRS) Form 1040, Schedule C Profit or Loss from Business reporting that false gross income. Spencer further admitted that this false information qualified Les Prints for a loan amount it otherwise would have not been qualified to receive.
Between May 3, 2021, and June 21, 2021, Spencer used a mobile payment service app to transfer a total of $4,000 from the fraudulent loan proceeds to one of the co-conspirators. Spencer admitted that she attempted to obscure the nature of these transfers by labeling them as marketing expenses for her business. Spencer further admitted that she spent the remainder of the fraudulent loan proceeds on personal expenses. Spencer also admitted that she was aware that her co-conspirators had obtained additional fraudulent PPP loans in the names of other individuals.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Holly Wilson and Gabriel Price prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-53.
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Justice Department Files Statement of Interest Supporting Private Parties’ Right to Bring Voting Rights Act Challenge to RobocallsRead the Press Release
The Justice Department today filed a statement of interest in the U.S. District Court for the District of New Hampshire supporting the right of private plaintiffs to bring a lawsuit challenging robocalls as intimidating, threatening or coercive in violation of Section 11(b) of the Voting Rights Act. This brief is one of several filed by the Justice Department explaining the prohibition against voter intimidation in Section 11(b) and supporting the longstanding principle that private plaintiffs can sue to vindicate important rights protected by the Voting Rights Act.
“Voter intimidation, whether carried out in person or by way of robocalls, disinformation campaigns, or other tactics, can stand as a significant barrier for voters seeking to exercise their voice in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Every voter has the fundamental right to cast their ballot free from intimidation, threats and coercion. Since enactment of the Voting Rights Act of 1965, impacted voters, advocacy groups and organizations, have had full ability to turn to the courts to enforce the Act’s ban on voter intimidation across the country. The Justice Department has vigorously enforced this ban and will continue to challenge voter intimidation and defend the right of private citizens and organizations to do the same.”
“The U.S. Attorney’s Office in the District of New Hampshire remains committed to protecting voting rights using all enforcement tools available to us. Section 11(b) of the Voting Rights Act is a valuable aid in this effort, as it allows for voters to assist in the enforcement process by bringing private suits against anyone that intimidates, threatens or coerces another person in the exercise of their fundamental right to vote,” said U.S. Attorney Jane E. Young for the District of New Hampshire. “Robocalls in particular can violate voting rights by incentivizing voters to remain away from the polls, deceive voters into believing false information and provoke fear among the targeted individuals. The U.S. Attorney’s Office commends any private citizen willing to stand up against these aggressive tactics and exercise their rights to participate in the enforcement process for the Voting Rights Act.”
The department filed its statement of interest in League of Women Voters of New Hampshire v. Kramer, a lawsuit filed by private plaintiffs who seek a preliminary injunction against a violation of Section 11(b) in connection with robocalls in the 2024 New Hampshire presidential primary election. Defendants moved to dismiss arguing among other things that there is no private right of action under Section 11(b) and that robocalls do not violate Section 11(b).
The statement of interest affirms that private parties may enforce Section 11(b) of the Voting Rights Act. It further explains that conduct violates Section 11(b) if it is objectively intimidating, threatening or coercive to a reasonable voter. That conduct may include robocalls containing false information about the time, place or manner of voting. Whether such robocalls violate the Voting Rights Act depends on such factors as the content and any deceptive features of the calls, the context and timing of the calls, the targeting of any particular group and other historical and social conditions. Federal law prohibits intimidation, threats and coercion throughout the voting process, including registration, casting a ballot and counting or tallying votes. Furthermore, federal law protects against both actual and attempted intimidation, coercion and threats.
More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Individuals can report possible violations of the federal voting rights laws through the Civil Rights Division’s website at civilrights.justice.gov or by telephone toll-free at 800-253-3931.
Jury Finds District Man Guilty of Assault with a Dangerous Weapon for Driving with Girlfriend on the Hood of His CarRead the Press Release
WASHINGTON –Paul Camby, 51, of Washington, D.C., has been found guilty by a jury of assault with a dangerous weapon and other charges, announced U.S. Attorney Matthew Graves and Chief Pamela Smith, of the Metropolitan Police Department (MPD). The verdict was returned in the late afternoon on July 24, 2024, following a trial in the Superior Court of the District of Columbia.
The Honorable Lynn Leibovitz scheduled sentencing for September 27, 2024.
According to the government’s evidence, on June 3, 2024, at approximately 6:00 a.m., Camby, after getting high on cocaine and drinking whiskey, went to his apartment parking garage to drive his car. Camby’s girlfriend got in front of the car to prevent him from driving while intoxicated, because she was concerned for his safety and the safety of the public. Camby drove forward into his girlfriend, which caused her to end up on the hood of the car. Camby proceeded to drive out of the parking garage and continued driving with his girlfriend on the hood of the car for about two blocks on Third Street, Northeast. An eyewitness described Camby trying to swerve the car back and forth in an attempt to throw his girlfriend off the hood of the car, and in so doing, narrowly missed hitting other cars that were parked on both sides of the street. Camby eventually brought the car to a stop, and two eyewitnesses observed Camby striking his girlfriend and intervened until Metropolitan Police officers arrived and placed Camby under arrest. Surveillance video from the parking garage and a 911 call placed by the victim provided corroboration for the offense.
This case was investigated by the Metropolitan Police Department and the U.S. Attorney’s Office for the District of Columbia.
This case was prosecuted by Assistant U.S. Attorneys Matthew Covert and Monisha Rao from the Sex Offense and Domestic Violence Section.
Jacksonville Man Indicted for Defrauding Investors and Obtaining Fraudulent Paycheck Protection Program LoansRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of a superseding indictment charging Jared Dean Eakes (33, Jacksonville) with five counts of wire fraud and three counts of bank fraud. If convicted, Eakes faces a maximum penalty of 20 years in federal prison for each wire fraud count and up to 30 years’ imprisonment for each bank fraud count. The indictment also notifies Eakes that the United States is seeking orders of forfeiture in the total amount of $7,489,732.20, the proceeds of the charged criminal conduct.
According to the superseding indictment, Eakes portrayed himself as a legitimate advisor and contacted investment advisors who were looking to sell their advisory businesses. After negotiating to take over management of the advisors’ client assets, between approximately January 2019 and February 2020, Eakes converted approximately $2,737,462 of victim investor funds to his own benefit by withdrawing the funds in cash, using investor funds to pay personal expenses, transferring investor funds to a Las Vegas-based casino company, and by engaging in unauthorized options trading in a personal brokerage account.
Also, according to the superseding indictment, between March 2020 and November 2021, Eakes fraudulently secured approximately $4,752,270 in emergency funds through four Paycheck Protection Program (“PPP)” loans.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted March 2020. It was designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in potentially forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allowed qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses were required to use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest and principal to be forgiven if the business spent the proceeds on these expenses within a set time-period and used at least a certain percentage of the loan towards qualifying business expenses.
According to the superseding indictment, Eakes caused the submission of four PPP loan applications—including applications for two of the entities involved in the scheme to defraud investors—which contained false and fraudulent supporting documentation and statements regarding the entities’ employees and payroll. Once he obtained the emergency loans, Eakes did not use the funds for qualifying expenses. Instead, he used the funds to engage in options trading or withdrew them in cash.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. It will be prosecuted by Assistant United States Attorneys David B. Mesrobian and Aakash Singh.
Indiana Man Sentenced to Ten Years in Prison for Trafficking Guns from Indianapolis to ChicagoRead the Press Release
CHICAGO — An Indiana man has been sentenced to ten years in federal prison for trafficking 15 guns, including semiautomatic rifles and “ghost guns,” from Indianapolis to the Chicago area.
DEVANTE T. BROWN and a co-defendant, COREY SARTIN, transported 15 firearms from Indianapolis to the Chicago area in the spring and summer of 2022. Brown and Sartin sold the guns to undercover law enforcement officers in three separate transactions:
- April 9, 2022: Sartin sold a handgun to the undercover officers in Lynwood, Ill.
- May 31, 2022: Brown and Sartin sold four handguns and AR-style rifles with extended magazines to the undercover officers in the Pullman neighborhood of Chicago.
- June 24, 2022: Brown and Sartin sold four semiautomatic handguns, four semiautomatic rifles, and two privately made “ghost guns” to the undercover officers in Calumet City, Ill. A firearm is considered a “ghost gun” when it contains no identifiable serial number and was manufactured from parts collected from various sources.
In a text message to the undercover officers prior to one of the deals, Brown stated, “I come across guns all day long. We gone do good business together.”
Brown, 29, of Indianapolis, Ind., pleaded guilty earlier this year to a federal firearm charge. U.S. District Judge Franklin U. Valderrama on Tuesday sentenced Brown to ten years in prison. Sartin, 21, of Indianapolis, Ind., also pleaded guilty to a firearm charge and was sentenced last year to two and a half years in prison.
The sentences were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Christopher Amon, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and Larry Snelling, Superintendent of the Chicago Police Department. Valuable assistance was provided by the Dolton, Ill., Police Department. The government was represented by Assistant U.S. Attorney Jasmina Vajzovic.
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago Firearms Trafficking Strike Force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Holding illegal firearm possessors accountable through federal prosecution is also a focus of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, the U.S. Attorney’s Office and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. - A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and a person named as defendant in an indictment is presumed innocent unless and until proven guilty.
Citizen of Moldova Charged with Access Device Fraud
Charges Related to Credit Card Skimming Devices Placed Around Wisconsin
Ivan Bordian, 32, a citizen of Moldova, is charged with possessing device making equipment and attempting to possess counterfeit access devices. The indictment alleges that on May 27, 2024, Bordian knowingly and with intent to defraud, possessed and had control and custody of device-making equipment, specifically credit card skimming devices. The indictment alleges that Bordian had those devices placed at five locations in Wisconsin, namely Blooming Grove, Madison, West Salem, La Crosse, and Janesville. The indictment further alleges that on June 3, 2024, Bordian attempted to possess fifteen or more counterfeit and unauthorized access devices.
If convicted, Bordian faces a maximum penalty of 15 years in prison on each of the possession of device making equipment charges, and a maximum penalty of 10 years in prison on the unauthorized access device charge.
The charges against Bordian are the result of an investigation by Homeland Security Investigations, the Federal Bureau of Investigation, Wisconsin Department of Justice Division of Criminal Investigation, Dane County Sheriff’s Office, and the La Crosse, Onalaska, West Salem, Madison, Janesville, and Darien, Illinois, Police Departments.
Wausau Man Charged with Distributing Methamphetamine
Bee Her, 45, Wausau, Wisconsin, is charged with distributing methamphetamine. The indictment alleges that Her distributed 50 grams or more of methamphetamine on October 13, 2023, and October 23, 2023.
If convicted, Her faces a mandatory minimum penalty of 5 years and a maximum penalty of 40 years in prison on each distribution charge.
The charges against Her are the result of an investigation conducted by the Federal Bureau of Investigation’s Central Wisconsin Narcotics Task Force comprised of investigators from the FBI, Marathon County Sheriff's Office, Wausau Police Department, Wisconsin Department of Justice Division of Criminal Investigation, the Lincoln County Sheriff's Office, Wisconsin State Patrol, Everest Metro Police Department, and Wisconsin's National Guard Counterdrug Program. Assistant U.S. Attorney Steven Anderson is handling the case.
Madison Man and Woman Charged with Trafficking Methamphetamine and Cocaine
Emanuel Gonzalez, 28, and Yelitzia Ortiz Chaparro, 25, both of Madison, Wisconsin, are charged with distributing cocaine and methamphetamine. The indictment alleges that Gonzalez distributed 50 grams or more of methamphetamine on March 17, 2023, and June 13, 2024, and further that he distributed cocaine on May 15, 2023. The indictment alleges that Ortiz Chaparro distributed cocaine on November 2, 2022, and together with Gonzalez, distributed methamphetamine on March 17, 2023.
If convicted, Gonzalez faces a mandatory minimum penalty of 5 years in prison and a maximum penalty of 40 years in prison on each of the distribution counts involving methamphetamine, and a maximum of 20 years in prison on the distribution count involving cocaine.
If convicted, Ortiz Chaparro faces maximum penalties of 20 years in prison on each distribution count.
The charges against Gonzalez and Ortiz Chaparro are the result of an investigation by the Drug Enforcement Administration and the Federal Bureau of Investigation. The investigation was conducted and funded by the Organized Crime Drug Enforcement Task Force (OCDETF), a multi-agency task force that coordinates long-term narcotics trafficking investigations. The prosecution of the case is being handled by Assistant U.S. Attorney Aaron Wegner.
Golden Valley Man Pleads Guilty to Possessing More Than 2,000 Fentanyl PillsRead the Press Release
MINNEAPOLIS – A Golden Valley man has pleaded guilty to possession with intent to distribute more than 2,000 fentanyl pills, announced United States Attorney Andrew M. Luger.
According to court documents, on February 1, 2024, Mason Harris Rosenblatt, 33, was the sole occupant of a hotel room in St. Louis Park when law enforcement executed a search warrant on the hotel room. As a result of the search, law enforcement seized 2,027 M-30 fentanyl pills that were in Rosenblatt’s possession.
Rosenblatt pleaded guilty today in U.S. District Court before Judge David S. Doty to one count of possession with intent to distribute fentanyl. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by Homeland Security Investigations and the St. Louis Park Police Department.
Assistant U.S. Attorneys Garrett S. Fields and Syngen Kanassatega are prosecuting the case.
Franklin County Man Indicted for Making Threats on Facebook, Cyberstalking, and Unlawfully Possessing A FirearmRead the Press Release
HARRISBURG– The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury indicted Richard Little, age 49, of Franklin County, Pennsylvania, for making threats online, including against a state senator, cyberstalking, and being a person prohibited from possessing a firearm.
According to United States Attorney Gerard M. Karam, on or about June 10, 2024, Little was served with an eviction notice and began posting threatening, harassing, and intimidating videos on Facebook that chiefly targeted an individual with whom Little previously worked. Little also threatened a County Commissioner and, among other things, spoke of a “war,” described “kill zones,” and displayed firearms and ammunition.
Thereafter, on or about June 21, 2024, Little posted a threat against a Pennsylvania State Senator on his Facebook page. The same date, law enforcement arrested Little and searched his residence. Law enforcement seized approximately 17 firearms, ammunition, marijuana, illegal mushrooms, an expired Pennsylvania medical-marijuana card, and drug paraphernalia.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennsylvania State Police. Assistant U.S. Attorney K. Wesley (Wes) Mishoe is prosecuting the case.
The maximum penalty under federal law for the charges against Little is 30 years imprisonment, a term of supervised release following imprisonment, a fine, and special assessment. A sentence following a finding of guilt is imposed by the judge after consideration of the applicable federal sentencing statutes and Federal Sentencing Guidelines.
Indictments are only allegations. All persons indicted are presumed to be innocent unless and until found guilty in court.
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Former science director for the Office of Naval Research Global sentenced to 25 years in prison for child sexual exploitation convictionRead the Press Release
ALEXANDRIA, Va. – A cleared research scientist at U.S. Naval Research Laboratory and former Assistant Professor at George Mason University was sentenced yesterday to 25 years in prison for receiving, possessing, and distributing child sexual abuse material (CSAM) and coercion and enticement of minors.
According to court documents, in November 2021, Daniel Marc Lofaro, 40, of Fairfax, engaged with a victim, identified as Minor 1, who was then 12 years old, on a social media app, telling the victim he was 22 years old. Lofaro told the victim in graphic detail how he would have sex with the victim and continued to entice and exploit the child even when the victim hardly responded. Lofaro requested nude images of the victim and asked the victim to join him in video chats.
In 2019, Lofaro engaged with a 14-year-old victim, identified as Minor 2, through an online dating app. Lofaro chatted with the victim on various social media and messaging apps and had voice and video calls with the victim. On multiple occasions, Lofaro asked the victim to send him sexually explicit pictures and videos. At Lofaro’s request, in February 2022, the victim created a sexually explicit video and sent it to Lofaro. Minor 2 told law enforcement that Lofaro asked for the victim’s address so he could visit the victim, and that the victim stopped talking to the defendant because he was asking the victim to send him photographs every day, even when the child was at school. Lofaro last reached out to Minor 2 on May 18, 2022, the morning law enforcement executed a search warrant at his residence.
Lofaro collected CSAM for nearly a decade, amassing approximately 600 CSAM images and videos on two laptop computers. These files include images and videos depicting the sexual abuse of children, including the rape of a toddler and prepubescent children.
Between at least August 2021 and February 2022, Lofaro distributed and received numerous CSAM files through social media. Lofaro was a member of multiple social media groups dedicated to discussing sexual abuse of children and exchanging CSAM. Lofaro frequently discussed with other users his sexual interest in children and the sexual abuse of children in real life. On Feb. 5, 2022, Lofaro chatted with another individual about his sexual abuse of a minor relative while the child slept, and that he was “looking for someone who has a daughter that they are willing to share.”
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; David J. Scott, Special Agent in Charge of the FBI Washington Field Office's Criminal and Cyber Division; and Brian Platt, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington D.C. Field Office, made the announcement after sentencing by U.S. District Judge Rossie D. Alston Jr.
Assistant U.S. Attorney Lauren Halper and Special Assistant U.S. Attorney McKenzie Hightower, a Trial Attorney for the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division, prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-cr-156.
Note: This release was revised on July 26, 2024, to reflect that Daniel Marc Lofaro is not a current George Mason University employee. He has not worked for the university since May 2021.
Former Orange County Education Official Sentenced to Nearly Six Years in Federal Prison for Embezzling More Than $16.6 Million from School DistrictRead the Press Release
SANTA ANA, California – The former senior director of fiscal services at an Orange County public school district was sentenced today to 70 months in federal prison for embezzling nearly $16.7 million from the district over several years.
Jorge Armando Contreras, 53, of Yorba Linda, was sentenced by United States District Judge Fred W. Slaughter, who also ordered him to pay $16,694,942 in restitution.
Contreras pleaded guilty on March 28 to one count of embezzlement, theft, and intentional misapplication of funds from an organization receiving federal funds.
“Instead of using his job at a public school district to help socio-economically disadvantaged children, Contreras embezzled millions upon millions of dollars, which he flagrantly spent on a luxury home, car, and designer clothes and accessories,” said United States Attorney Martin Estrada. “Today’s sentence highlights my office’s determination to prosecute and punish those who betray the public trust – especially when their behavior affects some of our community’s most vulnerable members.”
Contreras was the senior director of fiscal services at Magnolia School District, which serves students in Anaheim and Stanton. In this role, Contreras, whom the school district hired in 2006, managed the district’s fiscal operations. The schools in this district educate children from preschool through sixth grade – 81% of whom are classified as socio-economically disadvantaged.
He managed and had access to various school district bank accounts as well as the student body bank account. He caused checks from these accounts to be deposited into his personal bank account.
Contreras wrote checks in small dollar amounts written to “M S D,” with the letters spaced out, and, after receiving the proper signatures from others, would include fictitious names and increase the amounts of the checks and deposit the checks into his personal bank account via ATMs. To conceal his fraud, Contreras provided bank reconciliation packets to others at the school district with falsified bank statements and records.
In total, Contreras embezzled approximately $16,694,942 from the school district.
The school district placed Contreras on administrative leave in August 2023 and filed a lawsuit against him in Orange County Superior Court.
Law enforcement so far has seized approximately $7.7 million in personal and real property traced to the scheme, including a home in Yorba Linda, a 2021 BMW automobile, 57 luxury designer bags (mostly Louis Vuitton), various pieces of jewelry, designer clothes and shoes, and eight bottles of Clase Azul Ultra luxury tequila.
The FBI, IRS Criminal Investigation, and the United States Department of Education Office of Inspector General investigated this case.
Assistant United States Attorneys Billy Joe McLain of the Public Corruption and Civil Rights Section, Brett A. Sagel of the Corporate and Securities Fraud Strike Force, and James E. Dochterman of the Asset Forfeiture and Recovery Section prosecuted this case.
Former Bank Employee Pleads Guilty to $2.4 Million Embezzlement SchemeRead the Press Release
JEFFERSON CITY, Mo. – A Higbee, Mo., woman pleaded guilty in federal court today to stealing nearly $2.4 million from customers’ accounts at Exchange Bank of Missouri in Fayette, Mo., during a 15-year-long fraud scheme.
Megan Lea Dougherty, 36, waived her right to a grand jury and pleaded guilty before U.S. Chief Magistrate Judge Willie J. Epps, Jr., to a federal information that charges her with one count of bank fraud.
Dougherty was employed at the Fayette branch of Exchange Bank of Missouri. By pleading guilty today, she admitted that she engaged in a scheme to embezzle money from Exchange Bank of Missouri from Jan. 1, 2009, to Oct. 17, 2023.
According to today’s plea agreement, Dougherty began working in the bank’s IT and customer service department in 2008. She detected a lack of internal controls and began removing small amounts of money from customer accounts into her own savings account and then to her checking account. Eventually, she also transferred stolen funds into the checking accounts of family members. Dougherty then switched to taking from customer certificate of deposit accounts.
Dougherty falsified the description of these transfers in the bank’s computer systems to conceal her theft. She also rotated which accounts she took funds from so as to avoid detection, and would steal from one account to reimburse another, again to avoid detection.
At the time that Exchange Bank of Missouri discovered the theft, Dougherty was actively stealing from seven different bank customers, some of whom had multiple accounts affected. Records reveal that over a dozen other customers were also victims of Dougherty’s theft, but those accounts were reimbursed when she moved onto victimizing new accounts.
Dougherty told investigators she targeted customers who knew and trusted her. The records show that Dougherty stole a total of $2,393,288 from customers’ accounts.
Under the terms of today’s plea agreement, Dougherty must forfeit to the government her interest nine parcels of real estate in Howard County, Mo., and a money judgment of $2,393,288.
Under federal statutes, Dougherty is subject to a sentence of up to 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Melissa A. Pierce. It was investigated by the FBI.
Former Asset Manager Director of South Bend Housing Authority Sentenced to 135 Months in PrisonRead the Press Release
SOUTH BEND – Albert Smith, 47 years old, of South Bend, Indiana, was sentenced by United States District Court Senior Judge Jon E. DeGuilio after being found guilty of one count of conspiracy to commit bank fraud and wire fraud, six counts of bank fraud, two counts of wire fraud, and one count of federal program theft on November 1, 2023, following an eight-day jury trial, announced United States Attorney Clifford D. Johnson.
Smith was sentenced to 135 months in prison, 2 years of supervised release, and was ordered to pay $3,030,940 in restitution to the victims of the offense.
According to documents in the case, the Housing Authority of South Bend (HASB) provides housing opportunities and services to the South Bend community, managing more than 800 public housing residential units. From approximately 2015 through 2019, Smith served as the Asset Manager Director of the HASB and reported directly to the Executive Director. He was found guilty of conspiring with those at the HASB and with outside contractors to defraud the HASB. The fraud scheme involved the issuance of HASB payment checks to four outside contractors for contracting work that had not actually occurred. These contractors would then deposit the HASB payment checks, withdraw a portion of each check in cash, and hand-deliver the cash back to co-conspirators at the HASB’s main office. Smith was involved in creating hundreds of fraudulent documents to conceal the fraud.
United States Attorney Clifford D. Johnson said, “Mr. Smith’s sentencing concludes the sentencing of those who schemed with Tonya Robinson, the former Executive Director of the South Bend Housing Authority, to steal federal housing funds to enrich themselves. Illegal schemes that purloin public money, defrauding taxpayers and jeopardizing tenants’ health and safety, will not be tolerated. My Office has a robust partnership with federal, state and local law enforcement and we will continue to work together to hold all such federal fraudsters accountable.”
“Federal funding for public housing should be used to help ensure all Americans have access to safe, affordable housing - not to enrich those who deprive these programs of their much-needed funding through fraud and theft,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “Today’s sentence shows that those who violate the public trust will be held accountable.”
“Albert Smith and his previously sentenced co-conspirators abused their positions of trust overseeing HUD money that was intended to provide housing assistance to some of the most vulnerable people in their community. Smith engaged in an egregious false billing and kickback scheme, lining his own pockets with scarce taxpayer dollars,” said Special Agent-in-Charge Machelle Jindra with the U.S. Department of Housing and Urban Development, Office of Inspector General. “The sentence handed down today serves as a warning to those willing to commit fraud involving HUD-funded programs that HUD OIG remains steadfast in its commitment to working with our Department of Justice, prosecutorial, law enforcement and oversight partners to aggressively pursue those who engage in activities that threaten the integrity of HUD programs.”
"Today's sentencing of Albert Smith underscores the grave consequences of public servants who abuse public office,” said Ramsey Covington, Acting Special Agent in Charge, IRS Criminal Investigation, Chicago Field Office. “Public servants hold a sacred trust to serve the public with integrity. When they engage in criminal activities, they not only break the law but also erode public confidence in our institutions. This sentence reaffirms IRS CI and its fellow law enforcement partners’ commitment to holding such individuals accountable and restoring trust in our government.”
Smith’s co-defendants who were previously convicted received the following sentences:
Tonya Robinson was sentenced to a total term of 108 months in prison, 2 years of supervised release, and was ordered to pay $3,236,949.97 in restitution to victims of the offense.
Tyreisha Robinson was sentenced to time served, 2 years of supervised release, and was ordered to pay $363,122.00 in restitution to victims of the offense.
Douglas Donley was sentenced to a total term of 27 months in prison, 2 years of supervised release, and was ordered to pay $303,920.00 in restitution to victims of the offense.
Archie Robinson III was sentenced to a total term of 6 months of imprisonment, 2 years of supervised release, and was ordered to pay $1,152,636.00 in restitution to victims of the offense.
Ronald Taylor, Jr. was sentenced to a total term of 44 months in prison, 2 years of supervised release, and was ordered to pay $1,714,956.87 in restitution to victims of the offense.
This case was investigated by the Department of Housing and Urban Development Office of Inspector General, the Internal Revenue Service-Criminal Investigation Division, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Luke N. Reilander, Joel Gabrielse, and Jerome W. McKeever.
Foreign national charged with selling counterfeit cancer drugsRead the Press Release
HOUSTON – A federal grand jury has returned an indictment charging an Indian national with selling and shipping tens of thousands of dollars in counterfeit oncology pharmaceuticals into the United States, announced U.S. Attorney Alamdar S. Hamdani.
According to court documents, Sanjay Kumar, 43, of Bihar, India, and his co-conspirators allegedly arranged for the sale and shipment of fake, counterfeit versions of oncology pharmaceuticals - including Keytruda - to individuals in the United States.
Genuine Keytruda is a cancer immunotherapy that is approved in the United States for 19 different indications, including to treat certain types of melanoma, lung cancer, head and neck cancer, Hodgkin lymphoma, gastric cancer, cervical cancer and breast cancer. Merck Sharp & Dohme LLC, formerly known as Merck Sharp & Dohme Corp., has the exclusive right to authorize the manufacture of Keytruda for introduction into interstate commerce.
Kumar was arrested June 26 in Houston after traveling to the United States to conduct further negotiations aimed at expanding his business selling fake Keytruda in the U.S. market.
Kumar is charged with one count of conspiracy to traffic in counterfeit drugs and four counts of trafficking in counterfeit drugs. If convicted, he faces a up to 20 years in prison on each count as well as a possible $2 million fine.
Homeland Security Investigations and Food and Drug Administration conducted the investigation.
Assistant U.S. Attorney Jay Hileman is prosecuting the case along with Trial Attorneys Jeff Pearlman and Bryce Rosenbower of the Criminal Division’s Computer Crime and Intellectual Property Section.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Foreign National Charged for Selling Counterfeit Cancer DrugsRead the Press Release
A federal grand jury in Houston returned an indictment today charging an Indian national with selling and shipping tens of thousands of dollars’ worth of counterfeit oncology pharmaceuticals into the United States.
According to court documents, Sanjay Kumar, 43, of Bihar, India, and his co-conspirators allegedly arranged for the sale and shipment of fake, counterfeit versions of oncology pharmaceuticals—including Keytruda—to individuals in the United States. Genuine Keytruda is a cancer immunotherapy that is approved in the United States for 19 different indications, including to treat certain types of melanoma, lung cancer, head and neck cancer, Hodgkin lymphoma, gastric cancer, cervical cancer, and breast cancer. Merck Sharp & Dohme LLC, formerly known as Merck Sharp & Dohme Corp., has the exclusive right to authorize the manufacture of Keytruda for introduction into interstate commerce.
Kumar was arrested on June 26 in Houston after traveling to the United States to conduct further negotiations aimed at expanding his business selling fake Keytruda in the U.S. market.
Kumar is charged with one count of conspiracy to traffic in counterfeit drugs and four counts of trafficking in counterfeit drugs. If convicted, he faces a maximum penalty of 20 years in prison on each count.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Alamdar Hamdani for the Southern District of Texas; Special Agent in Charge Mark Dawson of Homeland Security Investigations (HSI) Houston; and Special Agent in Charge Charles Grinstead of the Food and Drug Administration’s (FDA) Office of Criminal Investigations, Kansas City Field Office made the announcement.
HSI and the FDA investigated the case.
Trial Attorneys Jeff Pearlman and Bryce Rosenbower of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jay Hileman for the Southern District of Texas are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Sentenced to Three Years in Prison for Fraudulently Obtaining $2.4 Million in CARES Act LoansRead the Press Release
TRENTON, N.J. – A Florida man was sentenced today to 36 months in prison for fraudulently obtaining over $2.4 million in federal Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loan (EIDL) payments, U.S. Attorney Philip R. Sellinger announced.
Mohamed A. Awad, 61, of Ocala, Florida, pleaded guilty on Nov. 20, 2023, before Judge Michael A. Shipp to an information charging him with wire fraud and money laundering. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. Awad engaged in a scheme to illegally obtain over $2.4 million in PPP and EIDL loans through numerous misrepresentations to lenders. He submitted fraudulent loan applications that fabricated numbers of employees and misrepresented company information, to induce PPP and EIDL lenders to approve the loan applications that they otherwise would not have approved. Awad submitted falsified tax documents in support of PPP applications. According to IRS records, none of the purported tax documents that Awad submitted in support of the loan applications were ever in fact filed with the IRS. Awad thereafter transferred the loan proceeds among various bank accounts he controlled, withdrawing significant amounts in cash and transferring loan proceeds out of the country via wire transfers to banks based in Egypt.
In addition to the prison term, Judge Shipp sentenced Awad to three years of supervised release and ordered restitution of $2.41 million and forfeiture of $1.49 million.
U.S. Attorney Sellinger credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Jenifer I. Piovesan; special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; special agents of the Social Security Administration, Office of the Inspector General, Boston-New York Field Division, under the direction of Acting Special Agent in Charge Bradley Parker special agents of the Board of Governors of the Federal Reserve System Consumer Financial Protection Bureau, Office of Inspector General, under the direction of Special Agent in Charge Brian Tucker; special agents of the Federal Deposit Insurance Corporation – Office of the Inspector General, under the direction of Special Agent in Charge Patricia Tarasca in New York; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation leading to the charges.
The District of New Jersey COVID-19 Fraud Enforcement Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
The government is represented by Assistant U.S. Attorney Katherine M. Romano of the U.S. Attorney’s Office’s Health Care Fraud Unit in Newark.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Florida Man Sentenced for Fraud Involving Small Business Administration Disaster FundsRead the Press Release
BOSTON – A Florida man was sentenced yesterday in federal court in Boston in connection with his role in conspiring to use stolen identities to fraudulently obtain disaster loans from the Small Business Administration (SBA) and to launder the funds.
Hector Garcia, 52, of Ocala, Fla., was sentenced by U.S. District Court Judge Denise J. Casper to time served and three years of supervised release. Garcia was also ordered to pay $25,104.33 in restitution to the Small Business Administration. In April 2024, Garcia pleaded guilty to one count of conspiracy to commit wire fraud and three counts of wire fraud.
Garcia conspired with Ramon Cruz, Darwyn Joseph, Edwin Acevedo, and others, to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. Garcia used stolen identity information of a United States citizen to open a fraudulent bank account, which was then linked to other fraudulent bank accounts set up to receive the SBA funds. Garcia and his co-conspirators used debit cards associated with those accounts to launder the funds by purchasing iPhones for re-sale. Garcia and other co-conspirators wired a portion of the funds to the Dominican Republic.
Over $452,000 in SBA funds were fraudulently obtained in connection with the scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.
Cruz and Joseph pleaded guilty and were each sentenced in August 2023 and October 2023, respectively, to two years and one day in prison and three years of supervised release. Acevedo pleaded guilty and was sentenced in August 2023 to 33 months in prison and three years of supervised release.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England, made the announcement today. Valuable assistance was also provided by Homeland Security Investigations in Orlando, Fla.; Small Business Administration, Office of the Inspector General; Department of Housing and Urban Development, Office of the Inspector General; Social Security Administration, Office of the Inspector General; Department of Labor, Office of the Inspector General; Department of State; U.S. Postal Inspection Service; Massachusetts State Police; New Hampshire State Police; and the Acton, Nashua (N.H.), Manchester (N.H.) and Ocala (Fla.) Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Criminal Division prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Fentanyl Dealer Implicated in Two Fatal ODs Sentenced to 22+ Years in PrisonRead the Press Release
A fentanyl dealer who admitted he was involved in at least three overdoses, two of them fatal, was sentenced Thursday to nearly 23 years in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Rhett Barclay, 23, was indicted in September 2023 and pleaded guilty in February to conspiracy to possess with intent to distribute fentanyl. He was sentenced Thursday to 275 months in federal prison by U.S. District Judge Mark Pittman.
“This defendant is implicated in multiple deaths, including the tragic demise of his unborn child,” said U.S Attorney Leigha Simonton. “Those who traffic in fentanyl should know that the poison they peddle can take the lives of anyone who ingests it – even their nearest and dearest. Once again, this case proves that even half of one pill can kill.”
“Overdose deaths from fentanyl continue to have a devastating impact on communities across North Texas,” said DEA Fort Worth Special Agent in Charge Eduardo A. Chávez. “We are directing all our available resources to investigate those who distribute this deadly, illicit poison to our friends and family. Mr. Barclay, while responsible for the deaths of these individuals, also impacted countless others by his callous disregard for life. May others see this as a warning that DEA Fort Worth and our law enforcement partners across North Texas will continue to investigate drug distributors and seek significant jail sentences for their criminal activity.”
In plea papers, Mr. Barclay admitted that the fentanyl he obtained led to two fatal overdoses in less than two years.
On Jan. 24, 2021, Mr. Barclay distributed a single fentanyl pill to two women, identified in court documents as A.R. and T.M. The women split the pill. Both overdosed. Medics were able to resuscitate T.M., but A.R.'s overdose was fatal.
Less than two years later, on Jan. 12, 2023, Mr. Barclay obtained approximately 40 fentanyl pills. His girlfriend, identified in court documents as K.H., ingested one of the pills and suffered a fatal overdose.
At Thursday's sentencing hearing, prosecutors noted that K.H. was pregnant at the time. She passed away as their toddler watched.
The Drug Enforcement Administration's Dallas Field Division – Fort Worth Resident Agency conducted the investigation with the help of the Wise County Sheriff’s Office. Assistant U.S. Attorney Laura Montes prosecuted the case.
Illicitly produced fentanyl pills – often referred to as “M-30s” because of their resemblance to legitimate prescription pills like Oxycontin or Percocet – are highly dangerous. According to the DEA, six out of ten pills laced with fentanyl contain a potentially lethal dose. One pill can kill. For resources, visit https://www.dea.gov/onepill.
Federal jury convicts Jamestown man of multiple drug chargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Jose Caceras, 39, of Jamestown, NY, of possession with intent to distribute 50 grams or more of methamphetamine, possession of MDMA, possession with intent to distribute fentanyl, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of 25 years in prison and a maximum of life.
Assistant U.S. Attorneys Evan K. Glaberson and Louis A. Testani, who handled the prosecution of the case, stated that on February 27, 2023, Caceras was stopped and arrested by Jamestown Police officers working with U.S. Probation. After his arrest, Caceras attempted to discard a bag of fentanyl hidden in his pants while being transported to the Jamestown City Jail. As a result, the Jamestown Police officer transporting Caceras was exposed to fentanyl and received treatment for the exposure at a local hospital. During a subsequent search of Caceras’ stash house in Jamestown, U.S. Probation officers found over 50 grams of methamphetamine, a bag of MDMA, and drug paraphernalia.
The verdict is the result of an investigation by the U.S. Probation Office, under the direction of Chief Probation Officer Timothy Englert, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division.
A sentencing date has not yet been scheduled before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.
Federal Jury Convicts Kanawha County Man of Federal Robbery and Firearms CrimesRead the Press Release
CHARLESTON, W.Va. – After three days of trial, a federal jury convicted Camri Calrissian White, 25, of Cross Lanes, today of robbery, discharge of a firearm during a crime of violence, and being a felon in possession of a firearm.
Evidence at trial proved that White robbed a Cross Lanes convenience store shortly before 5:15 a.m. on July 11, 2023, while armed with a Smith & Wesson M&P 9mm pistol with an extended magazine. White entered the business while wearing a mask and fired one round from the pistol into the ceiling. White held two store employees at gunpoint while ordering them to retrieve money from both registers and a locked safe under the front counter. Before fleeing the store, White told the employees that he would return and kill them if they called the police within the next 10 minutes.
Surveillance video from the store and other nearby locations helped law enforcement officers identify White as the culprit of the robbery. On July 17, 2023, officers arrived at the Cross Lanes apartment where White was staying. Officers recovered the pistol with the extended magazine after White tossed it from a rear window of the apartment after they arrived. Officers searched the apartment and found clothing worn by White during the robbery. During the search, officers learned that White had access to a vacant and unlocked apartment nearby. Officers searched that apartment and found more clothing worn by White during the convenience store robbery.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery with a firearm in Kanawha County Circuit Court on December 11, 2017. In that case, White pleaded guilty to his role in a January 31, 2017, home invasion robbery, during which he pressed a sawed-off shotgun to the chest of the 84-year-old victim while threatening to kill her.
White is scheduled to be sentenced on November 21, 2024, and faces up to 20 years in prison for robbery, a consecutive term of 10 years and up to life in prison for discharge of a firearm during a crime of violence, and up to 15 years in prison for being a felon in possession of a firearm.
“At the point of a gun, Camri Calrissian White committed this violent act while threatening to kill his victims. Today’s verdicts will keep a dangerous criminal off our streets for a long time,” said United States Attorney Will Thompson. “I commend the South Charleston Police Department, the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their investigative work in this case. I also commend Assistant United States Attorneys JC MacCallum and Jennifer Rada Herrald and our trial team for securing the guilty verdicts in this case.”
United States District Judge Irene C. Berger presided over the jury trial.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-168.
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Fayetteville Felon with Rifles, Drugs, and Cash Sentenced to Six YearsRead the Press Release
RALEIGH, N.C. – A Fayetteville man was sentenced to 80 months in prison for possessing multiple firearms, as well as several high-capacity rifle magazines. On December 13, 2023, Jon Alan Davis, age 40, pled guilty to the charges.
According to court documents and other information presented in court, on June 5, 2022, officers from the Cumberland County Sheriff’s Office (CCSO) responded to call at a Fayetteville residence. When they arrived, they found Davis in the residence and a subsequent search of the property resulted in the seizure of a 12-gauge caliber shotgun, two 7.62 caliber rifles, 10 large capacity rifle magazines, two ballistic vests, more than $30,000 in cash, more than 50 pounds of marijuana, 551 grams of hashish, 92 THC vape pens, and 516 THC edibles. On July 19, 2023, members of the CCSO Special Response Team (SRT) attempted to serve a federal warrant for Davis’ arrest at his residence. During the operation, various drug paraphernalia items were found in plain sight, including another pound of marijuana and more than $16,000 in cash.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The CCSO and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case, and Assistant U.S. Attorney Julie Childress prosecuted the case.
The conviction is a result of the ongoing Violent Crime Action Plan (VCAP) initiative which is collaborative effort with local, state, and federal law enforcement agencies, working with the community, to identify and address the most significant drivers of violent crime. VCAP involves focused and strategic enforcement and interagency coordination and intelligence-led policing.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:23-CR-0028-M.